The Federal Communications Commission is starting a new rule-making process, required by the Infrastructure Investment and Jobs Act of 2021, to "combat digital discrimination" that would negatively affect "equal access to broadband for all people of the United States," according to documents from the commission. 

According to the National Multifamily Housing Council, "While the proceeding is largely aimed at broadband providers, the FCC has used this as an opportunity to raise questions about whether multifamily property owners have a role to play in digital discrimination and whether the FCC should revisit rules governing agreements and relationships between broadband providers and property owners."

Last year, the FCC created a rule to increase broadband service competition at multifamily locations. The rule stated, "No common carrier shall enter into or enforce any contract regarding the provision of communications service in a multiunit premise, written or oral, in which it receives the exclusive right to provide the multiunit premise owner compensation in return for access to the multiunit premise and its tenants."